Cardenas-Valdovinos et al v. USA et al
| Jesus Escareno and Juan Cardenas-Valdovinos |
| Federal Bureau of Investigation, Department of Justice, Arkansas State Police, Arkansas, State of and USA |
| 4:2024cv00508 |
| June 14, 2024 |
| U.S. District Court for the Eastern District of Arkansas |
| Lee P Rudofsky |
| Forfeit/Penalty: Other |
| 49 U.S.C. § 781 Forfeiture |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 6, 2024. A more recent docket listing may be available from PACER.
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| Summons Reissued as to Arkansas State Police, Arkansas, State of, Department of Justice, Federal Bureau of Investigation, USA and returned to counsel for service. (ajj) |
| Filing 9 NOTICE of Appearance by Kale L. Ludwig on behalf of All Plaintiffs (Ludwig, Kale) |
| NOTICE OF DOCKET CORRECTION re #8 Amended Complaint. CORRECTION: The docket text was modified to correct the parties and the description as follows, "AMENDED COMPLAINT against All Defendants, filed by Juan Cardenas-Valdovinos and Jesus Escareno" as indicated by the document. (cmn) |
| Filing 8 AMENDED COMPLAINT against All Defendants, filed by Juan Cardenas-Valdovinos and Jesus Escareno. (Attachments: #1 Exhibit A, Order to Transfer Property/Case, #2 Exhibit B, Seizure Form, #3 Exhibit C, Police Report, #4 Exhibit D, In Rem Complaint, #5 Exhibit E, Letter from Prosecuting Attorney, #6 Exhibit F, Response to Forfeiture and Motion to Dismiss with Incorporated Brief in Support and Counterclaim, #7 Exhibit G, Response to Forfeiture and Motion to Dismiss with Incorporated Brief in Support and Counterclaim, #8 Exhibit H, Notice of Sale, #9 Exhibit I, Ownership Information, #10 Exhibit J, Response to Federal Administrative Proceedings)(Clifford, Eugene) (Docket text modified on 7/25/2024 to correct the parties and description.) (cmn) |
Filing 7
ORDER denying #5 Motion for Temporary Restraining Order in its entirety. Signed by Judge Lee P. Rudofsky on 6/18/2024. (cmn)
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| Filing 6 BRIEF IN SUPPORT re #5 Motion for Temporary Restraining Order filed by Juan Cardenas-Valdovinos, Jesus Escareno. (Originally filed as an attachment to docket entry #5 ; docketed by the Clerk's office as a separate entry on 6/18/2024) (jak) (Docket text modified on 6/18/2024 to correct the description the document.)(cmn) |
| NOTICE OF DOCKET CORRECTION re #5 Emergency MOTION for Preliminary Injunction. CORRECTION: The docket text was modified to indicate the proposed order and brief in support were filed as attachments to docket entry #5 in error. (jak) |
| NOTICE OF DOCKET CORRECTION re #5 Motion and #6 Brief. CORRECTION: The docket entries were modified to correct the filing event and description as, "Emergency MOTION for Temporary Restraining Order" as indicated by the document. (cmn) |
| Filing 5 Emergency MOTION for Temporary Restraining Order by Jesus Escareno. (Clifford, Eugene) (Docket text modified on 6/18/2024 to indicate the brief in support and proposed order were filed as attachments in error)(jak) (Docket entry modified on 6/18/2024 to correct filing event.)(cmn) |
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Filing 4
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER. Embedded in Plaintiffs' #1 Complaint is a request for a temporary restraining order. But Plaintiffs have not yet filed a motion for a temporary restraining order. Nor have they filed a brief in support of such a motion. Before the Court will act on the TRO request, Plaintiffs must do both of those things. See Fed. R. Civ. P. 65; Local Rule 7.2(a). If Plaintiffs do file a TRO motion and brief, they should make sure to comply with Federal Rule of Civil Procedure 65(b) to the extent that they are seeking the issuance of a TRO without notice to Defendants. See, e.g., Rule 65(b)(1)(B) (requiring "the movant[s'] attorney [to] certif[y] in writing any efforts made to give notice and the reasons why it should not be required"). Moreover, Plaintiffs should explain why they waited so long to seek emergency relief. See Doc. 1 at 34 (Notice of Sale dated May 2, 2024, informing Plaintiffs of intended sale on June 20, 2024). Any TRO motion should be accompanied by affidavits or declarations that provide more specifics with respect to the facts set forth in the verified Complaint. Signed by Judge Lee P. Rudofsky on 6/14/2024. (mec)
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Filing 3
ORDER ON AMICUS BRIEFS. Signed by Judge Lee P. Rudofsky on 3/21/2023. (ldb)
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| Filing 2 DOCKET ENTRY FILED IN ERROR - DISREGARD. (ldb) (Docket text modified on 6/14/2024 to indicate the entry was made in error pursuant to instruction from the Court.)(cmn) |
| Filing 1 COMPLAINT with Jury Demand filed by Juan Cardenas-Valdovinos, Jesus Escareno against All Defendants. (Fee $405, Receipt Number LIT6775.) Summons issued and returned to counsel. (Attachments: #1 Civil Cover Sheet) (ldb) |
| NOTICE OF DOCKET CORRECTION re 2 Motion. CORRECTION: The docket text was modified to indicate the entry was filed in error pursuant to instruction from the Court. (cmn) |
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